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Fire Safety Risk Assessment UK: Duties & Checks

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Part ofUK Health & Safety Law

Updated June 2026 · England & Wales
If you run a business, manage a building, or let out rooms for paying guests in England or Wales, the law puts a fire safety duty squarely on your shoulders. Since October 2006, the Regulatory Reform (Fire Safety) Order 2005 has required the person in charge of non-domestic premises to carry out and keep up to date a written fire safety risk assessment. This is not a one-off exercise. It is an ongoing responsibility that covers staff, visitors, contractors and anyone else who might be in the building. On this page I have set out what the duty involves, who counts as the 'responsible person', and the practical steps most premises need to work through. If you want to talk it through with an experienced legal adviser before you sign anything off, there is an option to book a call at the end.

Overview

A fire safety risk assessment is a structured review of a premises that looks at how a fire could start, who could be harmed, and what needs to be in place to keep people safe. Under the Regulatory Reform (Fire Safety) Order 2005, every non-domestic premises in England and Wales must have one, and it must be written down where five or more people are employed.

The duty sits with the 'responsible person', which in most workplaces is the employer, but it can also be an owner, occupier, managing agent, or anyone else who has control of the building or part of it. The assessment covers sources of ignition, flammable materials, escape routes, alarms, emergency lighting, firefighting equipment, signage and how people would actually leave the building in an emergency.

It is not a tick-box exercise: fire authorities can inspect at any time, and failings can lead to enforcement notices, prosecution, or in serious cases imprisonment. Scotland and Northern Ireland have their own separate fire safety regimes.

Key steps

  1. Identify who the responsible person is. Before anything else, work out who legally carries the duty for the premises. In a single-occupier workplace this is usually the employer. In shared buildings, landlords, managing agents and individual tenants may each hold responsibility for different parts, and they are expected to cooperate and share information.
  2. Walk the premises and map the hazards. Go through every area systematically and note anything that could start a fire (heaters, electrics, cooking equipment, smoking areas, hot works) along with anything that would help it spread (paper storage, packaging, furnishings, flammable liquids). Do not forget roof spaces, basements, plant rooms and external storage.
  3. Identify who could be at risk. Think beyond your employees. Consider visitors, customers, contractors, cleaners working out of hours, disabled users, lone workers, children, and anyone sleeping on site. People unfamiliar with the layout, or who need help to evacuate, need specific thought in the assessment.
  4. Evaluate, remove and reduce the risk. For each hazard, decide whether it can be removed entirely. Where it cannot, look at how to reduce the risk to the lowest reasonably practicable level. This usually means a combination of physical measures (fire doors, alarms, extinguishers, emergency lighting, signage) and management measures (training, drills, maintenance, housekeeping).
  5. Record, plan, train and review. Write the findings down, prepare an emergency plan, and make sure staff know what to do. The assessment must be reviewed regularly and whenever things change, such as a refit, a change of use, new equipment, or a near-miss. Keep records of tests, drills and maintenance.

Common questions

If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Common questions

Q Who counts as the 'responsible person' under the Fire Safety Order?
In most workplaces it is the employer. In other premises it is the person who has control of the building or part of it, which could be an owner, occupier, landlord, managing agent or facilities manager. Where several parties share control, each is responsible for their part and they are expected to cooperate so the building is covered as a whole.
Q Does the assessment have to be written down?
If you employ five or more people, or the premises are licensed, or an alterations notice is in force, the significant findings must be recorded in writing. Even where writing is not strictly required, a written record is strongly recommended because it is often the first thing a fire officer asks to see during an inspection.
Q How often should a fire risk assessment be reviewed?
There is no fixed statutory interval, but it must be kept up to date. In practice, most premises review it at least annually and always after any significant change: building works, a change in how the space is used, new equipment, more staff, a near-miss, or an actual fire. If nothing has changed, an annual review still helps you evidence ongoing compliance.
Q Can I carry out the assessment myself?
The law allows the responsible person to do it themselves if they are competent to do so. For small, low-risk premises that is often realistic. For larger sites, sleeping accommodation, healthcare settings, listed buildings or anywhere with complex layouts, most responsible people appoint a competent fire risk assessor because the consequences of getting it wrong are serious.
Q What happens if I do not have a fire risk assessment?
Fire and rescue authorities can issue informal advice, alterations notices, enforcement notices or prohibition notices that restrict use of the premises. Serious or persistent breaches can lead to prosecution, unlimited fines and, where people are put at risk of death or serious injury, imprisonment. Insurers may also refuse to pay out after a fire if the duty has been ignored.
Q Does this apply to homes and HMOs?
The Fire Safety Order covers non-domestic premises and the common parts of multi-occupied residential buildings. Individual private dwellings are generally outside it, but houses in multiple occupation (HMOs), blocks of flats, guest accommodation and short-term lets are normally within scope. Additional rules from the Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022 apply to many residential blocks.
Q How is this different in Scotland and Northern Ireland?
The Regulatory Reform (Fire Safety) Order 2005 applies to England and Wales only. Scotland has its own regime under the Fire (Scotland) Act 2005 and related regulations, and Northern Ireland operates under the Fire and Rescue Services (Northern Ireland) Order 2006. The principles are broadly similar but the detail and enforcement bodies differ, so check the right rules for your location.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.